| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/02 |
| Hearing date | 1 May 2002 - 14 May 2002 (3 days) |
| Determination date | 09 July 2002 |
| Member | Y S Oldfield |
| Representation | A Hope; M Hammond |
| Location | Auckland |
| Parties | Hennessy v Able Owl Ltd. |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Mistake made in booking numbers for overseas conference - Loss suffered by respondent - Respondent sent warning by email from conference venue - Email exchange between parties - Applicant disputed warnings justified - Ultimately warned during exchange that further mistakes would result in summary dismissal - Dismissed over email after further mistake discovered in conference travel itinerary - Insufficient time between warnings and dismissal for reasonable opportunity to improve - No opportunity to be heard - Email inappropriate means of communication - Not informed after warning to recheck travel arrangements on itinerary - Dismissed for mistake that occurred prior to warning - Dismissal unjustified - BREACH OF CONTRACT - Counterclaim for damages for loss incurred due to applicant's mistakes - Alleged mistakes amounted to breach of duty of fidelity - Loss not caused wilfully or knowingly - Claim for damages failed - Administrative assistant |
| Result | Application granted ; Reimbursement of lost wages ($4,550)(8 weeks) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;Medic Corporation Ltd v Barrett [1992] 3 ERNZ 977 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |